Bartlet v. Delprat
Massachusetts Supreme Judicial Court
This was a real action, in which Humphrey Bartlet demanded against the tenants possession of certain lands in Newbury, in this county, and was tried upon the general issue of never disseised, before Sewall, J., at the last April term in this county, when a verdict was rendered for the tenants. The demandant excepted to certain evidence admitted at the trial, and upon that ground moved for a new trial.
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This was a real action, in which Humphrey Bartlet demanded against the tenants possession of certain lands in Newbury, in this county, and was tried upon the general issue of never disseised, before Sewall, J., at the last April term in this county, when a verdict was rendered for the tenants. The demandant excepted to certain evidence admitted at the trial, and upon that ground moved for a new trial. From the exceptions filed, it appears that the demandant, to prove the issue on his part, relied upon a supposed deed from his father, Moses Bartlet, deceased, (who was also the father of the…
1Opinion of the Court
The cause stood continued nisi for advisement, and at the succeeding March term in Suffolk, the opinion of the Court was delivered to the following effect by
Sewall, J.
[After stating the evidence admitted at the trial.] Against this evidence of the father’s declarations the demandant objects, on the ground that they are of the nature of hearsay evidence, and are the words of a party to the supposed deed, who, when speaking them, had an interest in declaring as he did.
The ground of admitting this evidence was, that the witnesses spoke to the fact, that declarations had been made by the father,…
2Cited by20 opinions
- Bridge v. EgglestonMassachusetts Supreme Judicial Court · 1817
- Gibblehouse v. StongSupreme Court of Pennsylvania · 1832
- McCrory v. DonaldSupreme Court of Alabama · 1915
- McGee v. AllisonSupreme Court of Iowa · 1895
- Jackson ex dem. People v. EtzNew York Supreme Court · 1826
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